The Center for Civic Education (CCE) is concerned that the Special State Prosecutor's Office (SDT) is persistently ignoring the criminal charges against the former Minister of Education, Science, Culture and Sports Vesna Bratić and responsible persons in that former department, announced Ivan Vukčević, coordinator of the "Human Rights" program at CCE.
He believes that this also indicates a "selective approach in processing criminal reports, contrary to the principles of the rule of law."
Vukčević said that "we are entering the third year" of filing criminal charges against the responsible persons with the Ministry of Education, Science, Culture and Sports (MESC), based on a double negative opinion from the State Audit Institution (SAI).
It is recalled that on September 23, 2022, CCE filed a criminal complaint with the SDT, considering that the double negative opinion of the DRI on the management of almost 220 million euros (219.193.714,26 euros) in 2021, by those responsible at the Ministry of National Economy and Finance, must be a sign for priority consideration of this case.
The SAI determined that the Ministry of Internal Affairs and Communications did not provide a true and objective presentation of reported receipts and expenditures, and that the identified errors had a material and pervasive effect on the financial report, he points out.
"In addition, numerous irregularities and inconsistencies in business operations are specified, including we remind you again to some of the most important: irregular transfers of funds in value exceeding 7,6 million euros, with almost half of that amount lacking either the prescribed documentation or the basis for payment, and for the other half, the auditors did not find a basis for payment; failure to act in accordance with the law in planning the revenues and expenditures of public institutions worth more than 19 million euros; discrepancies in the records of work experience of more than 50% of employees, included in the audit, who received salary increases and illegal contracts for additional work; payments of dual education fees in the amount of almost 250.000 euros without the prescribed documentation; expenses for services of 1,45 million euros without appropriate supporting documentation; consulting contracts of over 3,5 million euros without a legal basis and evidence of results; public procurements were not carried out in accordance with the law," Vukčević states.
He says that "in every democratic state" reports from institutions like the DRI are binding and instructive. The SDT's job, he said, was further facilitated by the fact that state auditors possess the documentation, testimony and expertise necessary to deepen the findings, which the CCE also pointed out through its amendments to the application.
"The OSCE trial monitoring methodology takes into account three factors to measure the importance of the proceedings: 1) the status of the accused and his position in society, 2) the amount of damage, and 3) the representation of the case in the public sphere. In this case, it concerns one of the highest state officials at the time, who still holds an important position at the University of Montenegro, as well as in the bodies of a political party. Furthermore, the estimated damage is several million, and the topic was represented in all media, through statements by the CCE, as well as other non-governmental organizations, professional associations, engaged individuals, political parties, etc. Accordingly, this procedure, according to the OSCE methodology, is among the most important procedures that should be monitored due to the great public interest in finding out the truth about the work of the then leadership of the Ministry, headed by Vesna Bratić," says Vukčević.
After three years, as he said, it is clear that the SDT has not acted effectively, despite a series of urgent requests from the CCE.
"Even after the Prosecutorial Council, based on the CCE's report, determined that the acting prosecutor was not working in a timely manner and instructed her to intensify her actions, there were no changes in this case. According to our information, the case was later given to another prosecutor, but without any visible progress."
Vukčević said that "such delay may be an indicator of the possible protected status of certain persons and structures before the SDT", especially in comparison to cases of "far smaller damage to the budget, where the SDT reacted much faster." The question arises, as he said, based on what methodology the Prosecutor's Office determines which cases to resolve and at what pace.
"It is not clear whose interests are being protected in this way, because this approach is not in the public interest. CCE expects the SDT to finally professionally and responsibly devote itself to this case, because it is an indisputable issue of public interest, which also shapes citizens' trust in institutions. Only by establishing the facts and non-selectively prosecuting those responsible can the effectiveness of the work of the prosecution, as a unique and independent body, be ensured, which is the basis for implementing the principles of the rule of law," the statement reads.
Vukčević said that CCE will also inform the interested international public that follows the situation in the area of the rule of law in Montenegro through a summary of the case.
Bonus video:
